H.R. 3868

Enhanced Background Checks Act of 2025

Sponsor: James E. Clyburn

136 cosponsors
Follow this bill

Official summary

Written by the Congressional Research Service.

Enhanced Background Checks Act of 2025

This bill establishes more stringent background check requirements for proposed firearm transfers from a federal firearms licensee (e.g., a licensed gun dealer) to an unlicensed person.

Specifically, it increases the amount of time, from 3 business days to a minimum of 10 business days, that a federal firearms licensee must wait to receive a completed background check prior to transferring a firearm to an unlicensed person. (This type of transaction is often referred to as a default proceed transaction.)

If a submitted background check remains incomplete after 10 business days, then the prospective purchaser may submit a petition for a final firearms eligibility determination. If an additional 10 days elapse without a final determination, then the federal firearms licensee may transfer the firearm to the prospective purchaser.

The Government Accountability Office must report on the extent to which the changes have prevented firearms transfers to prohibited persons.

The Federal Bureau of Investigation must report on the number of petitions it receives for final federal firearms determinations.

The Department of Justice, in consultation with the National Resource Center on Domestic Violence and Firearms, must report on further amendments to the background check process that would likely reduce the risk of death or great bodily harm to victims of domestic violence, domestic abuse, dating partner violence, sexual assault, and stalking.

Text of the bill

Expand all
Sec. 5. Reports on petitions supporting firearms transfers not immediately approved by NICS System, that were not responded to in a timely manner

The Director of the Federal Bureau of Investigation shall make an annual report to the public on the number of petitions received by the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act that were submitted pursuant to subclause (I) of section 922(t)(1)(B)(ii) of title 18, United States Code, with respect to which a determination was not made within the 10-day period referred to in subclause (II) of such section 922(t)(1)(B)(ii). The report shall include the following, which shall be disaggregated by State:

(1) The number of petitions submitted under such section that were received by the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act.

(2) The number of petitioners who were discovered to be ineligible under Federal, State, local, or Tribal law during that 10-day period.

(3) The number of petitioners who were discovered to be ineligible under Federal, State, local, or Tribal law after that 10-day period.

(4) The basis of the ineligibility of the petitioners discovered to be ineligible under Federal, State, local, or Tribal law during that 10-day period, and the basis of the ineligibility of the petitioners discovered to be ineligible under Federal, State, local, or Tribal law after that 10-day period.

(5) The number of the petitioners whose petitions were denied and who, within 12 months after the denial, were prosecuted under Federal, State, or local law for receiving or attempting to receive a firearm.